In a statement, the D.C.’s Attorney’s Office said that the nine “Late Show” employees were invited into the building by congressional staffers to conduct interviews and were never officially asked to leave the premises, though Capitol Police did tell them that they were supposed to have an escort.
“After a comprehensive review of all of the evidence and the relevant legal authority, the U.S. Attorney’s Office for the District of Columbia has determined that it cannot move forward with misdemeanor charges of unlawful entry against the nine individuals who were arrested on June 16, 2022 at the Longworth Office Building,” it said in a statement.
“The Office would be required to prove beyond a reasonable doubt that these invited guests were guilty of the crime of unlawful entry because their escort chose to leave them unattended. We do not believe it is probable that the Office would be able to obtain and sustain convictions on these charges,” it concluded, adding that the individuals will no longer have to appear in court later this month.
In a separate statement, Capitol Police said that they were informed that the case would not be moving forward and “we respect the decision that office has made.”
The nine individuals had been charged with unlawful entry on June 16 after Capitol Police received calls of a disturbance at the Longworth House Office Building.
Colbert had defended his crew on air after the incident, saying they were guilty of only “hijinks with intent to goof.”
“The Capitol Police are much more cautious than they were, say, 18 months ago, and for a very good reason. If you don’t know what that reason is, I know which news network you watch,” he said at the time.
The Hill has reached out to CBS for comment.